How to exercise the right to amend

Copyright is a very important right. The right of copyright is exercised by the copyright owner, and the right of modification is one of the rights of copyright. It refers to the right to modify the work. Modification of the work can only be exercised by the copyright owner. So what about the right of modification? exercise? Below, the editor of Legal Savior Network will provide readers with relevant answers.

How to exercise the right of modification

The exercise of the right to modify works that have been authorized for public use by others, due to the The rights of others may have a negative impact on their interests. Whether it is a country that has legalized the right of modification or a country that has restricted the rights of publishers to protect the author's interests in modification, they have set conditions for exercising this right. Only when the author compensates the legitimate user of the work for modifying the work The right to amend may only be exercised after the resulting losses. Although my country's Copyright Law does not stipulate this, it should be interpreted in this way in academic theory and judicial practice. Let's take publishing as an example to analyze according to different situations:

First, if the author submits the manuscript to the publishing house and has signed a publishing contract, and the author makes a request for revision before the publishing house publishes it, the publishing house should allow it. If the publishing house refuses the author on the grounds that he has signed a publishing contract, Forcing the unmodified work to be published due to modifications shall be an infringement of the author's right to modification. If the author's modifications harm the publisher's interests at this time, the author should compensate the publisher for the resulting losses.

Second, after the work was published, due to the author’s Thoughts or opinions have changed, and I hope to revise the work to maintain the consistency of the work with the author's thoughts and opinions. Does the publisher infringe on the author's right to revise if it refuses the request for revision? This is quite common in academic works. Scholars After publicly publishing one's academic research results, different opinions arise, or major fallacies need to be corrected.This is the case. After the work is published, the author can request the publisher to add corrections or errata based on the right of modification. On the premise of agreeing to compensate the publisher for the cost, the publisher may not refuse in principle, otherwise it will be an infringement of the author's right of modification.

"Copyright Law of the People's Republic of China"Article 10 Copyright includes the following personal rights and property rights:

(1) Right of publication, that is, the right to decide whether the work will be made public;

(2) Right of signature, that is, the right to indicate the identity of the author and sign the work;

(3) Right of modification, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

(5) Right of reproduction, that is, printing, copying, rubbing, recording, The right to make one or more copies of the work by video recording, ripping, filming, etc.;

(6) Distribution right, that is, providing the original or copy of the work to the public by selling or donating it The right;

(7) The right to lease, that is The right to license to others for a fee the temporary use of film works, works created by methods similar to filmmaking, and computer software, except where the computer software is not the main subject of the rental;

(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;

(9) Performance rights, that is, the public performance of works, and the use of various the right to publicly broadcast the performance of the work by means of 10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;